How The Supply of Machinery (Safety) Regulations 2008 Protect Employees In The Workplace
Employers that put machinery in their workplaces must ensure it is safe to use. This can involve checking that it complies with the rules of the Supply of Machinery (Safety) Regulations 2008. If it doesn’t, and this results in a worker being injured, they could be liable for compensation.
What Are The Supply of Machinery (Safety) Regulations 2008?
In this guide, we’re going to look at what the regulations are and when you could have the grounds to start a claim. We’ll also look at what sorts of injuries could be caused by unsafe work equipment and how much compensation might be paid.
How the Supply of machinery safety regulations 2008 protect employees in the workplace
If you have been injured at work, Legal Expert could help you to make a personal injury claim. To start with, our advisors can review your claim and offer free legal advice regarding your options.
Where the claim appears to be viable, they could also connect you with our solicitors. If they agree to work with you, they’ll provide their services on a No Win No Fee basis.
If you wish to proceed with a claim, why not call us today on 0800 073 8804? Alternatively, you will find out more about claims relating to dangerous, faulty or unsafe machinery at work if you continue reading.
Select A Section
- A Guide To The Supply of Machinery (Safety) Regulations 2008
- What Are The Supply of Machinery (Safety) Regulations 2008?
- When Do The Supply of Machinery (Safety) Regulations 2008 Apply?
- What Do Manufacturers Have To Do Under These Regulations?
- Does The Supply of Machinery (Safety) Regulations 2008 Cover Refurbished Or Second Hand Equipment?
- What Accidents Could Be Caused By Unsafe Machinery?
- What Injuries Could Be Caused By Unsafe Machinery?
- Workplace Machinery Accident Compensation Calculator
- Workplace Injury Claim Special Damages
- No Win No Fee Workplace Machinery Accident Claims
- Start Your Workplace Machinery Injury Claim
- Workplace Machinery Accident Claim Resources
- Manufacturing Injury Statistics
- FAQs
A Guide To The Supply of Machinery (Safety) Regulations 2008
In this guide, we are going to look at what the Supply of Machinery (Safety) Regulations 2008 are and how they apply in the workplace. We’ll also consider what types of accidents can be caused by dangerous machinery and the types of injuries that could be sustained.
If you are considering starting a claim, you’ll need to do so (generally) within the 3-year time limit. This period will most likely begin from the date you were injured. However, it could start later if you didn’t immediately find out about your injuries.
There are also exceptions to this time limit. Get in touch if you’d like to ensure you still have time to claim.
Personal Injury Claims Evidence
To help prove what caused your injuries and how bad they were, you’ll need some evidence. To make this easier to obtain, you could follow the steps below if you’re injured in an accident at work:
- Report it. This will mean you can ask for a copy of the accident report to help prove the time, date and location of the accident.
- Get treatment. As well as having your injuries assessed and treated by a medical professional, a trip to the hospital or minor injuries unit will mean your medical records could help to prove the severity of your injuries.
- Ask for CCTV footage. Where your workplace uses security cameras, you could be within your rights to ask for recordings of your incident.
- Photograph the machine. To show how the machine caused your injuries, it would be a good idea to photograph any defects or video them on your phone.
- Get contact details of witnesses. Where possible, ask for the contact details of any witnesses. Your solicitor might contact them if liability for the accident is denied.
Once you have all of the evidence you need, please feel free to call us if you’d like to discuss starting an accident at work claim.
What Are The Supply of Machinery (Safety) Regulations 2008?
The Supply of Machinery (Safety) Regulations 2008 set out detailed requirements that suppliers and manufacturers of workplace machinery must adhere to for all new equipment that’s put into use after 1995.
Additionally, the Health and Safety at Work etc. Act 1974 (Section 6) means that manufacturers should design and build equipment that is safe to use. Therefore, all suppliers of any such equipment must ensure any equipment, new or second-hand, conforms.
What’s more, your employer has a duty of care to take reasonable steps to ensure your safety. Therefore, they should take measures to check that machinery is safe to use before they make you use it.
To be eligible to claim compensation in a personal injury claim relating to employer negligence, you’ll need to show that:
- Your employer owed you a duty of care; and
- That duty of care was breached and resulted in an accident; and
- You were injured because of the accident.
To help prove these things, you could follow the steps outlined in the previous section.
Something that’s important to point out is that your employer cannot discipline you for making an honest claim against them. What’s more, they cannot sack you, demote you or treat you any differently because of it. If they do take action against you, there may be grounds for a constructive or unfair dismissal claim as well. Therefore, don’t feel afraid of claiming the compensation you might be due.
When Do The Supply of Machinery (Safety) Regulations 2008 Apply?
The rules of this legislation apply to certain machinery that is made for sale in Great Britain. Machinery covered by the regulations includes:
- Any type of machinery that is powered (other than equipment powered by manual effort).
- Components, add-ons or modules that can only be used with machinery.
- Additional safety components even if they are supplied or sold separately.
- Lifting accessories and equipment.
- Ropes, chains and webbing.
There aren’t many exceptions to these rules. However, some low-voltage equipment and specialist equipment used in the mining and nuclear sectors does not need to comply. To check whether you are able to claim for a machine-based injured, please call today.
What Do Manufacturers Have To Do Under These Regulations?
The rules of the Supply of Machinery (Safety) Regulations 2008 mean that manufacturers must:
- Test all machinery thoroughly to ensure it meets health and safety requirements.
- Produce a technical file about the machinery.
- Issue a Declaration of Conformity document.
- Fix a CE mark to the equipment to prove that it complies with all legal requirements.
- In certain cases, the machinery will need to be checked by a control body where relevant.
In addition to the manufacturer having a responsibility to conform with the regulations, employers must make checks as well. This means that if they were to purchase machinery that they didn’t check was compliant, you could have the grounds to claim against them if the use of that non-compliant equipment caused you to become injured.
We are happy to check if you have a viable claim. Why not call today and let one of our advisors review your case? We could connect you with one of our No Win No Fee solicitors if your case is suitable.
Does The Supply of Machinery (Safety) Regulations 2008 Cover Refurbished Or Second Hand Equipment?
Where there’s no need to update it, some machinery can be used in workplaces for years. As you can imagine, if a process has never changed and improvements from new technology won’t make it any more efficient, why would a business spend money to replace working equipment?
In these cases, the Supply of Machinery (Safety) Regulations 2008 won’t apply if the machine was put into use before 1995. However, if the piece of equipment has been modified substantially, the rules could apply.
It is important to understand that even if old or second-hand equipment isn’t covered by machine safety regulations, you could still claim compensation. That’s because employers owe staff a duty of care under the Health and Safety at Work etc. Act 1974.
Therefore, you could still be entitled to claim if your employer’s negligence led to an injury caused by an old piece of machinery. Examples of the types of negligence that could result in a claim include:
- If the machine wasn’t properly maintained (for example, in accordance with the manufacturer’s guidelines).
- Where safety features were removed or damaged.
- If you weren’t trained on how to use the machine safely but asked to use it regardless.
Please call today if you’d like us to check if you have a suitable claim.
What Accidents Could Be Caused By Unsafe Machinery?
As we have explained, machine safety is important when trying to reduce the risk of injury in the workplace. But what sorts of accidents can result from faulty, damaged or unsafe machinery? Well, some examples include:
- Burns or scalds including those caused by friction or exposure to steam or hot water.
- Being trapped or pulled in by belts, rollers or pulleys.
- Where a limb is crushed because of a missing safety guard.
- Being struck by objects ejected from the machine.
- Being struck by moving parts.
Importantly, claims may be possible if you can show how your employer’s negligence caused the accident to happen. For example, if you can show that a safety guard had been removed or your employer was aware of an existing fault, you could be eligible to start a claim.
Furthermore, you could claim if the machine did not meet the requirements of the Supply of Machinery (Safety) Regulations 2008.
For a free check on you whether you could make a claim, why not get in touch today?
What Injuries Could Be Caused By Unsafe Machinery?
You could claim for an injury caused by machinery in the workplace if your employer failed to take reasonable steps to ensure it was safe to use. Some examples of the types of injuries that could be sustained and lead to a claim include:
- Fractured bones
- Severed limbs
- Cuts, lacerations and bruising
- Burns and scalds
As well as these physical injuries, it’s important to point out that you could claim for psychological injuries too. For example, if the accident causes anxiety, distress or depression, your symptoms could be considered in your claim. Similarly, in some circumstances, it might be necessary to claim for the effects of Post-Traumatic Stress Disorder (PTSD).
Workplace Machinery Accident Compensation Calculator
Let’s now review how much compensation could be paid for an injury at work caused by unsafe machinery. To help with this, we’ve added a compensation table, below, containing figures from the Judicial College Guidelines. Their guidelines are used by courts, insurers and personal injury lawyer’s to help settle claims.
| Injury Type | Severity | Compensation Range | Details |
|---|---|---|---|
| Shoulder | Minor | £4,080 to £7,410 | This category covers soft tissue injuries that heal in less than two years. |
| Arm Amputation(E) | Amputation (b-ii) | £102,890 to £122,860 | For amputations of a single arm above the elbow. Those that cause difficulties with fitting a prosthesis will be towards the top of the bracket. |
| Other Arm Injuries(F) | Injuries Resulting in Permanent and Substantial Disablement (b) | £36,770 to £56,180 | Serious fractures to one or both arms where significant cosmetic or functional disability will be caused. |
| Elbow (G) | Severe (a) | £36,770 to £51,460 | A severely disabling injury to the elbow. |
| Wrist (H) | Less Severe (c) | £11,820 to £22,990 | Covers injuries that are less severe but do result in some form of permanent disability. |
| Hand (I) | Total Loss (c) | £90,250 to £102,890 | Where a hand was crushed in the accident and surgically amputated afterwards. |
| Fingers (d) | Amputation | £58,100 to £85,170 | Where the amputation of the index and middle and/or ring fingers. |
| Fingers (f) | Severe | Up to £34,480 | Covers severe fractures of the fingers. |
Don’t worry if we’ve not included your injury in the compensation table above. Your compensation estimate will be explained once we’ve reviewed your claim if you call. Our advisors take your all factors into account to give you a free estimate of what you could claim.
It is important to establish the severity of your injuries and to prove that they were caused or exacerbated by the accident. Therefore, as part of your claim, you will need a medical assessment. Our solicitors can arrange this locally to prevent the need for excessive travel.
During your appointment with an independent medical expert, your medical notes will be reviewed, your injuries will be examined and you’ll explain any problems your injuries have caused.
Once completed, the medical expert will produce a report explaining your prognosis and providing a list of your injuries. Your solicitor can use this report to help them when valuing your injuries.
Workplace Injury Claim Special Damages
When claiming for an accident at work, compensation for your injuries is possible, as explained in the last section. However, it is very important to think about any financial implications caused by your injuries too.
If you do sustain any costs, monetary losses or expenses because of your injuries, they could be added to the value of your claim. This is referred to as a special damages claim. It could include:
- Care costs. These could be claimed if you require support during your recovery with daily tasks. They can be used to cover a professional carer’s fees. Alternatively, you could claim an hourly rate for the time a loved one spent supporting you.
- Medical expenses. If the NHS can’t cover rehabilitation treatment, it might be better for you to seek private treatment. Therefore, you may be able to claim for any costs incurred.
- Home modifications. Should you be left with a disability following your accident, you might need to change your home to make things a little easier. If that’s the case, the cost of the modifications could be claimed back.
- Lost income. You might receive a reduced income if you only receive Statutory Sick Pay or no pay at all. Therefore, you could claim back any reduction in your normal salary.
- Future lost income. Also, you may be able to claim if your injuries will reduce your ability to work in the future. In these cases, your age, salary and job prospects will be considered.
- Travel costs. Finally, if you incur fuel costs, parking fees or public transport fees linked to medical appointments, these costs could be added to your claim too.
No Win No Fee Workplace Machinery Accident Claims
What’s your biggest concern about taking legal action? For many, it is the fear of losing money on upfront or ongoing solicitor fees. If you work with Legal Expert, that’s not something you’ll need to think about. That’s because our solicitors work on a No Win No Fee basis for every claim they accept.
Before your claim is taken on, it will be reviewed by one of our solicitors. If they agree to represent you, they’ll send you a Conditional Fee Agreement (CFA). (This is another term for a No Win No Fee agreement.)
This is an agreement between you and the solicitor. It makes it clear what your solicitor needs to achieve before you need to pay them. Essentially, where a claim doesn’t work out in your favour, you won’t have to pay your solicitor’s fees.
If the claim is won, though, you’ll pay them a success fee. You’ll find details of the fee in the CFA. It is a small percentage of any compensation you receive, and it’s capped by law. That means you don’t need to worry about being overcharged.
To check if you could be represented by a No Win No Fee solicitor, why not call us today?
Start Your Workplace Machinery Injury Claim
We hope that you now understand how the Supply of Machinery (Safety) Regulations 2008 work. If you are now thinking of starting a claim, we could help. To find out more, you can:
- Call our advisors to discuss your options on 0800 073 8804.
- Use live chat day or night to discuss your claim online.
- Ask for a callback by completing our online claims form.
- Email us with an outline of your claim to info@legalexpert.co.uk.
Our advisors are available 24/7 so you can call at a convenient time. You won’t be under any obligation to make a claim, but we could connect you with a No Win No Fee solicitor if your claim appears strong enough.
Workplace Machinery Accident Claim Resources
We have almost completed our guide on machine safety in the workplace regulations. Therefore, we’ll use this section to supply some additional resources that might help.
Manufacturing Sector Safety – Advice and regulations relating to safety for companies in the manufacturing sector.
Machinery Designated Standards – Includes a list of rules that apply to different pieces of equipment that are covered because of the Supply of Machinery (Safety) Regulations 2008.
Amputation Guidance – Advice from the NHS on when amputation is needed and information on rehabilitation.
Accident At Work Claims – Details about when you could claim compensation following an injury at work.
Psychological Injuries – This article explains when you could claim for any mental harm sustained because of your accident.
Death Compensation – Advice on claiming if a loved one is killed as a result of an accident caused by somebody else’s negligence.
Manufacturing Injury Statistics
To give some idea of what injuries are sustained in the manufacturing industry, we are going to look at some Health and Safety Executive (HSE) statistics. (The HSE is an authority that gives guidance to employers on how to ensure their working environment is safe. )
As you can see from the graph above, 15% of accidents to employees (as reported by employers between 2015/16 and 2019/20) were falls from height. This relates to the manufacturing industry in Great Britain alone.
As well as the statistics about some of the most common accidents listed in the graph above, the report shows that there were 15 employee fatalities in 2019/20. Of these, 14% were caused by contact with moving machinery.
If you have been injured at work because of equipment that didn’t comply with the Supply of Machinery (Safety) Regulations 2008 that your employer required you to use, please call our advisors to learn more about your options.
FAQs
In this section, you’ll find some answers to frequently asked questions relating to machine safety in the workplace.
What are some safety principles when working with machinery?
There are several rules that could reduce the risk of injury when using machinery in the workplace. For example, staff shouldn’t talk to others who are using the machine, remove any safety features like guards, wear loose clothing, allow long hair near parts of the machine or use machines that have been marked as dangerous due to a fault.
Why is machine safety important?
Employers have a duty of care to protect the welfare and wellbeing of staff whilst at work. Therefore, it is important that any machine is deemed safe before it is used. By checking that the machine works as expected, the risk of injuries can be greatly reduced. Proper maintenance is also important as is training staff on how to use the machine safely.
What are the hazards of working around machinery?
Machinery usually involves lots of moving parts. These pose some of the most common dangers of working with machinery. Namely, employees risk injuries caused by cutting, abrasion, friction, stabbing, shearing, entanglement, crushing, trapping and impact.
What are machine safety precautions?
If an employer purchases or hires new equipment, they should ensure it complies with the Supply of Machinery (Safety) Regulations 2008. To do so, they should check the machine has a CE mark. Also, they need to check for a Declaration of Conformity.
Thanks for reading this guide that explains the Supply of Machinery (Safety) Regulations 2008.
Written by Hambridge
Edited by Victorine
